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'Transgender Americans Are Trying To Move to Canada'
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https://www.newsweek.com/transgender-lgbtq-canada-asylum-immigration-2061055>
'Immigration attorneys across the northern border are reporting an
exodus of sorts of U.S. nationals seeking asylum in Canada, including a
high number of transgender and non-binary Americans.
Why It Matters
President Donald Trump and his administration have taken numerous
actions repealing previous programs and departments put in place to aid
the broader LGBTQ+ community. These have included disbanding Diversity,
Equity and Inclusion (DEI) funding and departments nationwide, and the
signing of an executive order stipulating that just two genders—male and female—are recognized in the U.S.
On Wednesday, U.S. Attorney General Pam Bondi and the Department of
Justice filed a civil rights lawsuit against Maine's Department of
Education, alleging it violates federal law by allowing transgender
girls to participate in girls' school sports.
canada pride
Participants attend the Vancouver Pride Parade on August 6, 2023. Andrew Chin/Getty Images
What To Know
A number of immigration attorneys in Canada are reporting being
overloaded by U.S. nationals, including transgender individuals, who are seeking guidance on whether purported government persecution can be
legally claimed as grounds for asylum.
In March, immigration lawyer Yameena Ansari gave a presentation at a
seminar and claimed that fear of safety in the U.S. could provide legal
grounds for asylum. It drew more than 60 attendees, Ansari told Newsweek
on Thursday, most of whom were transgender.
She and her firm have helped many transgender Americans acquire
permanent residency in Canada, but generally for economic or family reunification reasons rather than alleged government persecution.
"The concerns I hear from transgender Americans include fear of being
unable to access gender-affirming care; fear of being detained by
immigration enforcement at the border due to the 'X' marker on their
identity documents; increased violence stemming from rising transphobia;
[and] anxiety that the U.S. may implement martial law, leading to
further violations of their rights," Ansari said.
On Wednesday, she retained her first case representing an American
seeking asylum on these grounds. It's something she said she wouldn't
have taken up months ago.
Read more Transgender
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"However, I now believe there is significant merit in transgender
Americans seeking safety in Canada," Ansari said. "This could be a precedent-setting case, and I hope we can achieve a favorable outcome
for our client."
Immigration attorney Maureen Silcoff told Newsweek on Thursday that she
has received numerous inquiries concerning trans and non-binary U.S.
citizens after Trump's executive order.
"The most troubling scenarios are from parents of trans or non-binary
children who fear for their future in the U.S.," Silcoff said. "Whether
they are minors or young adults, they already face difficult lives. The
EO [executive order] escalated their concerns, and was in fact an alarm
bell.
"Parents are looking into options to come to Canada. Although seeking
refugee protection might come to mind, qualifying for refugee protection involves a complex, rigorous process that involves meeting a
multi-pronged legal test."
Exploration of immigration pathways to Canada may include temporary or permanent resident options, she said, which would be "simpler" than just seeking asylum due to restrictions in the Canadian refugee system.
In 2002, the Safe Third Country Agreement (STCA) was signed between the
U.S. and Canada to address refugee and asylum concerns. The agreement,
which went into effect in 2004, requires refugee claimants to request protection in the first safe country they arrive in, unless they qualify
for an exception.
This includes entry at Canada-U.S. land border crossings, by train, or
at airports.
Silcoff said the combination of Trump's EO and STCA muddies matters.
"The STCA impacts all types of asylum claims," Silcoff said. "Because
the STCA turns back asylum-seekers to the U.S. who would otherwise enter Canada, it is surprising that President Trump allows it to continue.
"In addition, the Canadian officials recently have started to improperly
reject individuals who do meet an STCA exception, forcing them back to
the U.S. when they should be permitted to enter Canada. This also
results in additional asylum seekers remaining in the U.S."
Toronto-based immigration attorney Erin Simpson said the firm where she practices, Landings Law, has received a number of inquiries from trans
U.S. citizens who are concerned about the new administration's policies
on trans people and the anti-trans rhetoric endorsed by the
administration and its supporters.
"Of the individuals our firm has consulted, many are parents of young
people who require gender-affirming care, and they are concerned about
the loss of access to that care [real or potential]; others are
concerned about the restrictions on passports for trans individuals,"
Simpson told Newsweek on Thursday. "Many are even concerned that they
won't be permitted reentry if they leave, if their travel document
doesn't match their lived gender, or they are otherwise identified as
trans.
"All are concerned about the administration's express endorsement of
anti-trans points of view, and how that will impact the prevalence of anti-trans discrimination and violence in society."
Like the other attorneys, Simpson said many of these individuals are
pursuing economic and family paths to immigration to Canada. Others are considering asylum claims, even though they are untested and could take
a long time to adjudicate.
"In my view, there is merit to these claims," she said. "Starting with
the executive order on January 20, the administration has clearly
communicated its intention not to recognize the existence of trans
people, and to eliminate protections specific to trans individuals.
"The decision not to issue identity documents in the lived gender of
trans people is itself persecutory, and it gives rise to a serious risk
of other forms of persecution. The deliberate elimination of
gender-affirming care in many states is a serious human rights
violation."
Another immigration lawyer, Melissa Babel, told The Globe and Mail that
she was approached by two married American physicians with a transgender
child who want to relocate to Canada—because they believe the Trump administration's legal decisions regarding gender pose a risk to their offspring.
Currently, no travel advisories are being issued by Canada for nationals traveling to the U.S.
"Global Affairs Canada is aware of the United States' executive order
regarding gender on government issued identification," a spokesperson
told Newsweek.
"Canadian officials are monitoring the situation closely for any impacts
on Canadian travelers. We are unaware of any cases of Canadians being
denied entry to the U.S. because of an 'X' gender identifier in their passport."
Global Affairs Canada is a government department that, among other responsibilities, issues national advisories and manages diplomatic and consular relations.
An Immigration, Refugees and Citizenship Canada (IRCC) spokesperson told Newsweek that they do not systematically track information on the sexual orientation or gender identity of resettled refugees or refugee (asylum) claimants "in order to respect their privacy."
"Asylum seekers must prove that they have a real fear of persecution or
face serious harm, such as torture or cruel and unusual treatment, in
their home country or where they usually live," the spokesperson said.
After an immigration officer assesses the eligibility of claims and
their admissibility to Canada, as outlined in the Immigration and
Refugee Protection Act, eligible claims are then referred to the
Immigration and Refugee Board of Canada (IRB) for a decision.
"If eligible, asylum seekers are expected to remain in Canada while they
await the adjudication of their claim," the spokesperson said. "Leaving
Canada, including returning to their home country, could have a damaging
impact on their claim.
"The IRB assesses each case individually to determine if a refugee
(asylum) claimant qualifies as a convention refugee or a person in need
of Canada's protection, considering factors like persecution based on
race, religion, political opinion, nationality or membership in social
groups, including LGBTQI+, as well as internal flight alternatives
within their country."
Concerns over U.S. governmental actions by Americans have extended into
Canada. In March, LGBTQ+ groups and individuals raised awareness in
Ottawa of the same claimed persecution affecting them and their
communities.
Queer Momentum executive director Fae Johnstone said she wanted Canada
to protect LGBTQ+ rights and bolster them in the next election, saying
that Canada shouldn't "fall victim to the kind of ideology and hate that
has gripped our friends south of the border," according to Canadian
publication City News.
What People Are Saying
Attorney General Pam Bondi, on April 16 regarding President Donald
Trump's LGBTQ+ policies and athletics: "This has been a huge issue for
him. Pretty simple, girls play in girls' sports, boys play in boys'
sports. Women play in women's sports, men play in men's sports."
Karina Ødegård, a Norwegian Green Party member who believes her nation
should offer asylum to transgender Americans: "One thing is that you see
the development of an illiberal democracy [in the U.S.]. I think that is extremely problematic. Then it gets even worse because the [current] administration has singled out transgender people as scapegoats."
What Happens Next
It remains unclear whether U.S. nationals seeking asylum in Canada on
grounds of persecution will have their claims accepted. The U.S. has
stated that its border agents will recognize Canadian passports with an
"X" that marks LGBTQ+ designation even as the U.S. has stopped issuing
such passport markings'
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